Analysis of Maine's policies

Maine ensures that teacher ineffectiveness is grounds for dismissal. Receiving two consecutive ratings of ineffective "constitutes just cause for nonrenewal of a teacher's contract." However, the state does not distinguish the due process rights of teachers dismissed for ineffective performance from those facing other charges commonly associated with license revocation, such as a felony and/or morality violations. In fact, the state makes "just cause for dismissal or non-renewal" a negotiable item under state labor law.

Tenured teachers who are terminated have at least one
opportunity to appeal. After the board notifies the teacher of
dismissal, the teacher has up to 15 days to request a hearing with the
school board. The state does not specify a time frame for the hearing.

Recommendations for Maine

Ensure that teachers terminated for poor performance have the opportunity to appeal within a reasonable time frame.Nonprobationary teachers who are dismissed for any grounds, including ineffectiveness, are entitled to due process. However, cases that drag on for years drain resources from school districts and create a disincentive for districts to attempt to terminate poor performers. Therefore, the state must ensure that the opportunity to appeal occurs only once and only at the district level. It is in the best interest of both the teacher and the district that a conclusion is reached within a reasonable time frame.

Distinguish the process and accompanying due process rights between dismissal for classroom ineffectiveness and dismissal for morality violations, felonies or dereliction of duty.While nonprobationary teachers should have due process for any termination, it is important to differentiate between loss of employment and issues with far-reaching consequences that could permanently affect a teacher's right to practice. Maine should ensure that appeals related to classroom effectiveness are decided only by those with educational expertise.

Exiting Ineffective Teachers

Pensions

How we graded

Research rationale

States need to be
explicit that teacher ineffectiveness is grounds for dismissal.

Most states have laws on their books that address teacher
dismissal; however, these laws are much more likely to consider criminal and
moral violations than performance. When performance is included, it is too
often in a euphemistic term such as "incompetency,"
"inefficiency" or "incapacity." These terms are ambiguous
at best and may be interpreted as concerning dereliction of duty rather than
ineffectiveness. Without laws that clearly state that teacher ineffectiveness
is grounds for dismissal, districts may feel they lack the legal basis for
terminating consistently poor performers.

Due process must be
efficient and expedited.

Nonprobationary teachers who are dismissed for any grounds,
including ineffectiveness, are entitled to due process. However, due process
rights that allow for multiple levels of appeal are not fair to teachers,
districts and especially students. All parties have a right to have disputes
settled quickly. Cases that drag on for years drain resources from school
districts and create a disincentive for districts to attempt to terminate poor
performances. Teachers are not well served by such processes either, as they are
entitled to final resolution quickly.

Decisions about
teachers should be made by those with educational expertise.

Multiple levels of appeal almost invariably involve courts
or arbitrators who lack educational expertise. It is not in students' best interest
to have the evidence of teachers' effectiveness evaluated by those who are not
educators. A teacher's opportunity to appeal should occur at the district level
and involve only those with educational expertise. This can be done in a manner
that is fair to all parties by including retired teachers or other
knowledgeable individuals who are not current district employees.

Dismissal for Poor Performance: Supporting Research

One
of the greatest shortcomings of teacher performance appraisals has been school
systems' unwillingness and inability
to differentiate instructional competency. The New Teacher Project, 2009, "The
Widget Effect: Our National Failure to Acknowledge and Act on Differences in
Teacher Effectiveness" at http://widgeteffect.org.